ESBD_File_346195_1. Attachment F - C-800 - Supplementary Conditions 6.28.23.pdf

00800 Page 1 of 7 Supplementary Conditions City of Leander – Construction Services for Intersection Improvements

Attachment F

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract. All provisions which are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 A.22 – Delete this paragraph in its entirety and replace with the following: “Engineer. The word “Engineer” in these Specifications shall be the licensed professional engineer that signed and sealed the Plans and Specifications.”

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.06 Add the following new paragraph immediately after Paragraph 4.05.G:

4.06 Document Management

The City of Leander utilizes Procore to track cost, schedule, scope and all related project transactions to include document control. Procore (alternatively known as the electronic project management control system (EPMCS), the Project Website or system) is a web-based application that is accessible anywhere you have a web connection.

It will be used by the Owner, A/E and the Contractor to submit Contractor Application for Payment requests, RFI, ASI, PCO, Submittals, Progress Meeting Minutes, Contractor’s Daily Reports, Site Observation Reports, Testing by Third Party Consultants and general correspondence throughout the Construction period.

The City of Leander Project Manager will provide an overview of the system and coordinate for all parties to receive Owner system training for users logging into the system. The City of Leander Project Manager will also assign users with login credentials and establish levels of access.

ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL

CONDITIONS

5.03 Add the following to Paragraph 5.03 A: “4. In preparing the Contract Documents the Engineer relied upon the geotechnical report entitled “San Gabriel Parkway Extension County Road 270 to Ronald Reagan Boulevard” prepared by Raba Kistner, Inc. which is included in the Technical Specifications.”

5.06 Delete Paragraphs 5.06 A and 5.06 B in their entirety and replace with the following: “No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.

ARTICLE 6 – BONDS AND INSURANCE

6.03 Add the following new paragraph immediately after Paragraph 6.03.A:

The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A and B of the General Conditions:

a. State: Statutory

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b. Applicable Federal (e.g., Longshoreman’s): Statutory

c. Employer’s Liability: $1,000,000

Coverage shall be consistent with statutory benefits outlined in the Texas Worker’s Compensation Act (Section 401). CONTRACTOR shall assure compliance with this statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to OWNER’S Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Worker’s Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to Owner.

CONTRACTOR’S policy shall apply to the State of Texas and include these endorsements in favor of the OWNER:

a. Waiver of Subrogation, form WC 420304

b. 30-day Notice of Cancellation, form WC 420601

2. Contractor’s General Liability under Paragraphs 6.03.A through C of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

The policy shall contain the following provisions:

a. Blanket contractual liability coverage for liability assumed under this contract and all contracts relative to this Project.

b. Completed Operations/Products Liability for the duration of the warranty period.

c. Explosion, Collapse and Underground (X, C & U) coverage.

d. Independent Contractors coverage.

e. Aggregate limits of insurance per project, endorsement CG 2503.

f. OWNER and ENGINEER listed as additional insured, endorsement CG 2010.

g. 30-day notice of cancellation or revision in amount in favor of OWNER, endorsement CG 0205.

h. Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404.

i. Provide coverages A&B with minimum limits as follows:

Each Occurrence (Bodily Injury and Property Damage) $1,000,000

Aggregate $2,000,000

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3. Automobile Liability under Paragraph 6.03.C of the General Conditions:

a. Bodily Injury:

Each Occurrence $1,000,000

b. Property Damage:

Each Occurrence $1,000,000

The Policy shall contain the following endorsements in favor of the OWNER:

a. Waiver of Subrogation endorsement TE 2046A

b. 30-day Notice of Cancellation or change of amount endorsement TE 0202A

c. Additional Insured endorsement TE 9901 B

6.04 B. Delete Paragraph 6.04.B in its entirety and insert the following in its place:

Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. Contractor shall be responsible for any deductible or self-insured retention. This insurance shall:

1. include the interests of Owner, Contractor, Subcontractors, Engineer, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or loss payee;

2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss:

fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by these Supplementary Conditions.

3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;

5. allow for partial utilization of the Work by Owner;

6. include testing and startup and close down of site;

7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued; and

8. comply with the requirements of Paragraph 6.06.C of the General Conditions.

9.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

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7.02 Insert the following Paragraph C:

Contractor shall provide Project Administration for all Subcontractors, vendors, suppliers, and others involved in implementing the Work and shall coordinate administration efforts with those of Engineer and Owner in accordance with these General Conditions and other provisions of the Contract Agreement, and as outlined in the preconstruction conference. Contractor’s Project Administration includes periodic daily reporting on weather, work progress, labor, materials, equipment, obstructions to prosecution of the work, accidents and injuries in accordance with the Contract and transmitted no less frequently than on a weekly basis. This can be accomplished utilizing the Owner’s Procore platform.

7.03 D. Insert the following paragraph:

WAGE RATES

Wage Rates (Information From Chapter 2258, Texas Government Code Title 10)

2288.021. Duty of Government Entity to Pay Prevailing Wage Rates

a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it:

(1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and

(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

b. Subsection (a) does not apply to maintenance work.

c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker.

2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;

Penalty

a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract.

b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract.

c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022.

d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.

e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000.

2258.051. Duty of Public Body to Hear Complaints and Withhold Payment

A public body awarding a contract, and an agent or officer of the public body, shall:

1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract;

and

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2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter.

Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses:

Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=0

Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0

7.10 Add the following paragraph after 7.10 A:

B. Owner is exempt from payment of sales and compensating use taxes of the State of Texas and of cities and counties thereof on all materials to be incorporated into the Work.

1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work.

Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the work.

7.11 Insert the following paragraph: “D. Contractor shall prepare and comply with the approved Storm Water Pollution Prevention Plan (SWPPP) for this project and shall be responsible for:

1. Maintain project plans with erosion/sedimentation control sheets at the Work site at all times.

2. Post a copy of the TCEQ/EPA permits at the Work site.

3. File a Notice of Intent with the TCEQ/EPA.

4. Perform normal site inspection of temporary sediment and erosion controls. Maintain records that indicate any problems and Contractor’s efforts to repair the controls.

5. Upon completion of the Work, provide NPDES records to Owner.

6. File a Notice of Termination with the TCEQ/EPA once the Work has been accepted.”

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.03 Delete Paragraph 13.03 E in its entirety and replace with the following:

E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. if the Bid price of a particular item of Unit Price Work amounts to 5 percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of such item indicated in the Agreement; and

2. if there is no corresponding adjustment with respect to any other item of Work; and http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=0 http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0

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3. if the Contractor believes that Contractor has incurred additional expense or if the Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

ARTICLE 14 – TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE

WORK

14.06 Add the following paragraph: “B. The following conditions shall be deemed cause to stop work; however, work may be stopped for any other reason as listed in A of this Section.

1. Inadequate housekeeping practices, such as failure to sweep streets.

2. Spoil materials left in streets or public right of way.

3. Street closures without Owner’s authorization.

4. Nonconformance with any permits required for the project.”

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Delete Paragraph 15.01 B.1 in its entirety and replace with the following:

B. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer and City Inspector for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, including a payment application checklist, updated CPM project schedule, periodic progress reports, evidence of as-built notations in the Construction Documents, and all updated logs.

ENGINEER’S LIMITATIONS

The Engineer expressly and completely relinquishes all power, right, control or authority to direct the order in which the work is done, to forbid the work from being done in a dangerous manner, or to exercise supervisory control, authority, or power with respect to the details, order, or safety of the work; and this power, right, control, and authority are relinquished with respect to the Contractor, his agents, employees, representatives, and subcontractors.

BIDS AND CONTRACTS

Pursuant to Subchapter J, Chapter 552, Texas Government Code, Contractor shall:

a. Preserve all contracting information related to the Agreement as provided by the records retention requirements applicable to the Owner for the duration of the Agreement;

b. Promptly provide to the Owner any contracting information related to the Agreement that is in the custody or possession of the entity on request of the Owner; and

c. On completion of the Agreement, either:

i. provide at no cost to the Owner all contracting information related to the Agreement that is in the custody or possession of the entity; or

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ii. preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the governmental body.

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Contractor agrees that the Agreement can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

"Contracting information" includes, but is not limited to, records, communications and other documents related to the bid process, contract, payments, receipts, scope of work/services, and performance."